To Abolish the Administrative Fee on Individually-Owned Business and the Protection on the Market Entities For Their Equal Rights

impact

2007-6-1

Cheng Yuanfu

The Purpose of My Litigation is to Improve the Legal System

The owner of the glasses store studied the law and legislations seriously. He believes that the administrative fee charged by bureau of industry andcommerce is illegal. So he refuses to hand up it. When he receives an administrative punishment from the bureau he sues the bureau for this punishment. He loses in the trial court and then the appealing court.

Cheng Yuanfu claims:

In China, the law does not allow the review on the validity of the documents issued by administrative department. Only after he receives an administrative punishment he could claim his right in court. The lost of the lawsuit has been already in his prediction. But he hopes that he could use the litigation to present his opinions, to raise an oppugn against the illegal behaviors of the divisions in the government and to improve the public’s understanding and attentions towards the problem.

Yu Yonghua

Analysis on the Case of Cheng Yuanfu vs. Yingtan Administrative Bureau of Industry and Commerce

Yu Yunhua, the lawyer, considers that the bureau did not have the right to charge the administrative fee. The basic documents of collecting the administrative fee are also illegal.

Sha Jiansong

How Could the Cheng Yufu’s Case Become a Case in the Impact Litigation?

As a scholar, Sha Jiansong thinks the Chinese society is now in its transition period. The conflicts among the laws and regulations exist in a large amount. So it is necessary to start massive compilations and amendments of laws and regulations and abolish the outdated and unconstitutional law. The non-governmental organization is less developed in China. The individual’s power is too weak to protect their own rights. So the collective protection by the non governmental chamber of commerce should be advocated. Currently, we should pay attention to the propaganda and research of the typical case to promote the reform in the whole society.

Tan Guoping

Justice is the Foundation of a Steady Society.

Tan Guoping, the owner of the Jade Store in HebeiProvince, lost a case of administrative fee against the bureau of industry and commerce either. He claims that the discriminated policy to the individually-owned business in this nation makes a great dissatisfaction in this group and results to conflicts. Justice is the foundation of a steady society.

Qin Baochang

A Harmony Society Should Accept a Small Individual with His Small Business.

Qin Baochang, the member of People’s Political Consultative Conference in Anyang in HenanProvince, organizes the expert research on administrative fee and reports it as Suggestions on Cancellation of Administrative Fee on Individually-Owned Business to Promoting the Development of the Private Economy. He thinks the bureau of industry and commerce is outdated and should be abolished. The government should no longer involve itself in the individual-owned business societies. Let the societies be real NGOs.

Li Xuan

The Basis of the Administrative Fee is not Law.

Li Xuan, Vice President, LawSchool, Central University of Finance and Economy, thinks we should build a system of legislation review to amend or abolish the law that violated the Constitution or the superordinate laws. Only if the jurisdiction becomes the real independent one, the court could correct the illegal administrative behaviors. To encourage the NGO will reduce the conflicts between the government and citizens.

Bao Yujun:

The Major Obstacle for the Development of the Private Economy is the Inequality in Position

Bao Yujun, the chairman of All-China Society of Private Economy Research, considers the unequal position as the major obstacle for the development of the private economy. The inequality is mainly caused by the outdated social awareness and the conflicts in benefits by different social groups. So the key is to change the old idea and improve the power of the non-governmental society.

Wu Ge:

It is the Time to Abolish the Administrative Organs of Industry and Commerce and to Separate its Functions to the Related Department.

Wu Ge, the Director of the Constitution and Human Rights Committee of All China

Lawyers Association claims that there is no legal basis for the Bureau of Industry and Commerce. Its functions are no longer needed in the current market economy. Currently, the Bureau has greatly blocked the development of the market economy. It should be abolished. Its function should be separated and combined with related department.

Meng Fanchun:

Why does not the Administration of Commodity Prices under Government of LiaoningProvince carry out the Documents issued by the State Council?

Meng Fanchun, he owner of individually-owned business in LiaoningProvince, shares his experience of protecting his rights and popularizing the knowledge of law. With his insistence and encouragement, many owners of individually-owned business refused to hand the administrative fee collected illegally by the bureau of Industry and Commerce.

But he has got a question. The State Council has declared clearly that illegal fee should be abolished. Why does not the local government follow the State Council’s order?

Ai Qian:

The Register System of Individually-Owned Business Should no Longer Exist.

Ai Qian as a scholar thinks there is a conflict between The Register System of individually-owned business and freedom of trade which belongs to the citizens. The current existed laws allow the citizens engaged in their own business without register. So they neither have to register as an owner of individually-owned business nor hand the illegal fee.